Can a plaintiff's actions constitute contributory negligence in a motor vehicle accident?
California, United States of America
The following excerpt is from Richardson v. Oliveri, 244 Cal.App.2d 369, 53 Cal.Rptr. 59 (Cal. App. 1966):
Plaintiff relies heavily on Borenkraut v. Whitten, 56 Cal.2d 538, 15 Cal.Rptr. 635, 364 P.2d 467, for his contention that plaintiff's actions could not constitute contributory negligence. There the plaintiff was standing at a service section watching the attendants trying to start her stalled auto by pouring a large quantity of gasoline into the carburetor. A backfire occurred, causing flames to shoot out of the carburetor,
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The giving of instructions on contributory negligence was not error.
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